(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

28 June 2013

2. Schedule 1

A single day to be fixed by Proclamation.

However, if the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

(i) that is provided by an approved provider, within the meaning of that Act; and

(ii) in relation to which the approved provider has responsibilities under that Act; or

(b) care or services in relation to which a grant has been paid under Chapter 5 of the Aged Care Act 1997; or

(c) care or services of a class prescribed by the regulations for the purpose of this paragraph.

4 Subsection 4(1)

Insert:

de facto partner has the meaning given by the Acts Interpretation Act 1901.

5 Subsection 4(1) (definition of de facto spouse)

Repeal the definition.

6 Subsection 4(1)

Insert:

gender identity means the gender‑related identity, appearance or mannerisms or other gender‑related characteristics of a person (whether by way of medical intervention or not), with or without regard to the person’s designated sex at birth.

7 Subsection 4(1)

Insert:

intersex status means the status of having physical, hormonal or genetic features that are:

(a) neither wholly female nor wholly male; or

(b) a combination of female and male; or

(c) neither female nor male.

8 Subsection 4(1) (definition of man)

Repeal the definition.

9 Subsection 4(1)

Insert:

marital or relationship status means a person’s status of being any of the following:

(a) single;

(b) married;

(c) married, but living separately and apart from his or her spouse;

(d) divorced;

(e) the de facto partner of another person;

(f) the de facto partner of another person, but living separately and apart from that other person;

(g) the former de facto partner of another person;

(h) the surviving spouse or de facto partner of a person who has died.

10 Subsection 4(1) (definition of marital status)

Repeal the definition.

11 Subsection 4(1) (paragraph (b) of the definition of near relative)

Omit “de facto spouse”, substitute “de facto partner”.

12 Subsection 4(1)

Insert:

sexual orientation means a person’s sexual orientation towards:

(a) persons of the same sex; or

(b) persons of a different sex; or

(c) persons of the same sex and persons of a different sex.

13 Subsection 4(1)

Insert:

surviving spouse or de facto partner of a person who has died means a person who was the person’s spouse or de facto partner immediately before the person died.

(1) For the purposes of this Act, a person (the discriminator) discriminates against another person (the aggrieved person) on the ground of the aggrieved person’s sexual orientation if, by reason of:

(a) the aggrieved person’s sexual orientation; or

(b) a characteristic that appertains generally to persons who have the same sexual orientation as the aggrieved person; or

(c) a characteristic that is generally imputed to persons who have the same sexual orientation as the aggrieved person;

the discriminator treats the aggrieved person less favourably than, in circumstances that are the same or are not materially different, the discriminator treats or would treat a person who has a different sexual orientation.

(2) For the purposes of this Act, a person (the discriminator) discriminates against another person (the aggrieved person) on the ground of the aggrieved person’s sexual orientation if the discriminator imposes, or proposes to impose, a condition, requirement or practice that has, or is likely to have, the effect of disadvantaging persons who have the same sexual orientation as the aggrieved person.

(1) For the purposes of this Act, a person (the discriminator) discriminates against another person (the aggrieved person) on the ground of the aggrieved person’s gender identity if, by reason of:

(a) the aggrieved person’s gender identity; or

(b) a characteristic that appertains generally to persons who have the same gender identity as the aggrieved person; or

(c) a characteristic that is generally imputed to persons who have the same gender identity as the aggrieved person;

the discriminator treats the aggrieved person less favourably than, in circumstances that are the same or are not materially different, the discriminator treats or would treat a person who has a different gender identity.

(2) For the purposes of this Act, a person (the discriminator) discriminates against another person (the aggrieved person) on the ground of the aggrieved person’s gender identity if the discriminator imposes, or proposes to impose, a condition, requirement or practice that has, or is likely to have, the effect of disadvantaging persons who have the same gender identity as the aggrieved person.

(1) For the purposes of this Act, a person (the discriminator) discriminates against another person (the aggrieved person) on the ground of the aggrieved person’s intersex status if, by reason of:

(a) the aggrieved person’s intersex status; or

(b) a characteristic that appertains generally to persons of intersex status; or

(c) a characteristic that is generally imputed to persons of intersex status;

the discriminator treats the aggrieved person less favourably than, in circumstances that are the same or are not materially different, the discriminator treats or would treat a person who is not of intersex status.

(2) For the purposes of this Act, a person (the discriminator) discriminates against another person (the aggrieved person) on the ground of the aggrieved person’s intersex status if the discriminator imposes, or proposes to impose, a condition, requirement or practice that has, or is likely to have, the effect of disadvantaging persons of intersex status.

Omit “discrimination on the ground of marital status”, substitute “discrimination on the ground of sexual orientation, discrimination on the ground of gender identity, discrimination on the ground of intersex status, discrimination on the ground of marital or relationship status”.

26 Subsection 11(2)

Omit “discrimination on the ground of marital status”, substitute “discrimination on the ground of sexual orientation, discrimination on the ground of gender identity, discrimination on the ground of intersex status, discrimination on the ground of marital or relationship status”.

(2A) Nothing in Division 1 or 2, as applying by reference to section 5A, 5B, 5C or 6, affects anything done by a person in direct compliance with the Marriage Act 1961.

(2B) Nothing in Division 1 or 2, as applying by reference to section 5A, 5B or 5C, affects anything done by a person in direct compliance with a law of the Commonwealth, or of a State or Territory, that is prescribed by the regulations for the purpose of this subsection.